Ad company sues ODOT over permit denial for Hefner Parkway billboard

Oklahoma City is prepared to argue that the Oklahoma Department of Transportation acted properly in revoking a permit for an electronic billboard that was to be erected along the Lake Hefner Parkway.

The billboard would be the only one in a largely advertising-free zone along the busy parkway between NW 63 and Memorial Road, according to court filings.

The Transportation Department approved Lamar Central Outdoor LLC’s permit on April 10, 2018.

Lamar intended to erect the billboard on property of Our Lord’s Community Church, in Hefner Pointe, a development that is home to a number of medical offices.

A real estate broker described Hefner Pointe to the city council in September as “very high end, very busy traffic, lot of patients, lot of good doctors.”

One clinic, Hearts for Hearing, sued in September to block the billboard.

Established to fund hearing aids for children, Hearts for Hearing has offices next door to the church.

Executive Director Joanna Smith said having a flashing sign within feet of where specialists conduct pediatric hearing assessments could be detrimental to children’s progress.

After Hearts for Hearing sued, the Transportation Department revoked the billboard permit.

Further review revealed the sign’s location was within 500 feet of a playground, in this case the King’s Gate Christian School playground, in violation of regulations, the department said in a letter signed by Robert Blackwell, chief of the Right-of-Way & Utilities Division.

Lamar then filed suit against the state on Dec. 6, contending the Transportation Department lacked the legal authority to revoke the billboard permit.

Revocation amounts to an unconstitutional denial of Lamar’s rights to equal protection under the law, in part because the state has allowed other highway signs within 500 feet of a playground, according to Lamar’s lawsuit.

In court papers, Lamar says it incurred costs for an easement acquired from Our Lord’s Community Church, and for the sign, property improvements, and advertising contracts.

Attorney David Box has filed a motion seeking to intervene in the lawsuit on Oklahoma City’s behalf.

Box, a zoning specialist, says in court papers that Hefner Pointe’s zoning forbids the sign.

Oklahoma City has “a fundamental interest in the enforcement” of municipal zoning ordinances and other regulations applicable to use of the property, Box wrote.

Earlier court filings said Lamar had neglected to apply for a permit from the city.

A hearing on the city’s motion to intervene is set for Jan. 25 before Oklahoma County District Judge Thomas Prince.